105 Exemptions for CA AB5 indie contractor law were recently announced.
This article link came to me from the legal service I use, Counsel for Creators.
https://counselforcreators.com/
Excerpt from the California Globe Article : "AB 2257 recast the
statutory scheme and added over fifty more exemptions from the ABC Test into
the California Labor Code. In addition, the new statute authorizes a district
attorney to prosecute an action for injunctive relief.
Last year’s AB 5 had created 57 statutory exemptions from the
“ABC Test.” The new referral agency code section as added by AB 2257 includes all workers, but excludes
specified ones. In AB 5, this referral agency section listed only certain types
of workers who were exempt under this particular exemption. Now, AB 2257
includes all of those workers, except it does not list house cleaning, and then
the bill added 5 new types of workers.
Overall, this year’s AB 2257 added 53 new exemptions, for a total of 109 exemptions from the Dynamex decision and its ABC Test. The following are the statutory exemptions contained in AB 2257, set forth in the order in which they appear in the relevant sections of the Labor Code (along with a notation for those that were previously listed in last year’s AB 5): (see list in the article)"
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And here are some bullet points on these AB 5 updates from accounting company "Liz is all biz" -- they specialize in accounting for creatives. https://lizisallbiz.com/
These appeared on the Liz is All Biz Instagram..,
"Newsom signed a bill into law last Monday that has some potentially cool updates to contractors that were negatively impacted by AB5.
The Bill Ab 2257 creates new provisions for specific industries, including:
✔️ It would strike the 35-submission cap for freelance writers and photographers. Under current rules, any California-based freelancer who contributes more than 35 submissions to an outlet per year must be reclassified as an employee.
✔️ It would add translators, appraisers and registered foresters to the "professional services" exemption. This exemption currently covers graphic designers, travel agents and marketers,among others.
✔️ It would allow workers in much of the
music industry to continue working as freelancers. The list of exemptions
includes recording artists, songwriters, producers, promoters and many others."
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Here's the complete list of AB 5 exemptions from the California Globe Article.
"Overall, this year’s AB 2257 added 53 new exemptions, for a total of 109 exemptions from the Dynamex decision and its ABC Test. The following are the statutory exemptions contained in AB 2257, set forth in the order in which they appear in the relevant sections of the Labor Code (along with a notation for those that were previously listed in last year’s AB 5):
AB 2257 (Gonzalez) Exemptions from the “ABC Test”
[1] Bona fide business-to-business contracting relationship – previously contained in AB 5
[2] Relationship between a referral agency and a service provider
[3] Graphic design [for referrals] – previously contained in AB 5
[4] Web design – previously contained in AB 5
[5] Photography – previously contained in AB 5
[6] Tutoring – previously contained in AB 5
[7] Consulting
[8] Youth sports coaching
[9] Caddying
[10] Wedding planning
[11] event planning – previously contained in AB 5
[12] Services provided by wedding and event vendors
[13] Minor home repair – previously contained in AB 5
[14] Moving – previously contained in AB 5
[15] Errands – previously contained in AB 5
[16] Furniture assembly – previously contained in AB 5
[17] Animal services – previously contained in AB 5
[18] Dog walking – previously contained in AB 5
[19] Dog grooming – previously contained in AB 5
[20] Picture hanging – previously contained in AB 5
[21] Pool cleaning – previously contained in AB 5
[22] Yard cleanup – previously contained in AB 5
[23] Interpreting services
[24] “Professional services”
[25] Marketing – previously contained in AB 5
[26] Administrator of human resources – previously contained in AB 5
[27] Travel agent services – previously contained in AB 5
[28] Graphic design – previously contained in AB 5
[29] Grant writer – previously contained in AB 5
[30] Fine artist – previously contained in AB 5
[31] Services provided by an enrolled agent – previously contained in AB 5
[32] Payment processing agent through an independent sales organization – previously contained in AB 5
[33] Still photographer – previously contained in AB 5
[34] Photojournalist – previously contained in AB 5
[35] Videographer
[36] Photo editor who works under a written contract
[37] Digital content aggregator
[38] Freelance writer – previously contained in AB 5
[39] Translator
[40] Editor – previously contained in AB 5
[41] Copy editor
[42] Illustrator
[43] Newspaper cartoonist – previously contained in AB 5
[44] Content contributor
[45] Advisor
[46] Producer
[47] Narrator
[48] Cartographer
[49] Licensed esthetician – previously contained in AB 5
[50] Licensed electrologist – previously contained in AB 5
[51] Licensed manicurist – previously contained in AB 5
[52] Licensed barber – previously contained in AB 5
[53] Licensed cosmetologist – previously contained in AB 5
[54] A specialized performer
[55] Services provided by an appraiser
[56] Registered professional foresters
[57] A real estate licensee – previously contained in AB 5
[58] A home inspector
[59] A repossession agency – previously contained in AB 5
[60] Relationship between two individuals wherein each individual is acting as a sole proprietor or separate business entity
[61] Recording artists
[62] Songwriters
[63] Lyricists
[64] Composers
[65] Proofers
[66] Managers of recording artists
[67] Record producers
[68] Directors
[69] Musical engineers
[70] Mixers engaged n the creation of sound recordings
[71] Musicians engaged in the creation of sound recordings
[72] Vocalists
[73] Photographers working on recording photo shoots, album covers, and other press and publicity purposes
[74] Independent radio promoters
[75] Any other individual engaged to render any creative, production, marketing
[76] Musician
[77] Musical group
[78] An individual performance artist performing material that is their original work and creative in character
[79] Relationship between a contractor and an individual performing work pursuant to a subcontract in the construction industry – previously contained in AB 5
[80] Relationship between a data aggregator and an individual providing feedback
[81] A person or organization who is licensed by the Department of Insurance pursuant to Chapter 5 (commencing with Section 1621) – previously contained in AB 5
[82] A person or organization who is licensed by the Department of Insurance pursuant to Chapter 6 (commencing with Section 1760) – previously contained in AB 5
[83] A person or organization who is licensed by the Department of Insurance pursuant to Chapter 8 (commencing with Section 1831) of Part 2 of Division 1 of the Insurance Code – previously contained in AB 5
[84] A person who provides underwriting inspections
[85] A person who provides premium audits
[86] A person who provides risk management
[87] A person who provides loss control work for the insurance and financial service industries
[88] A physician and surgeon – previously contained in AB 5
[89] Dentist – previously contained in AB 5
[90] Podiatrist – previously contained in AB 5
[91] Psychologist – previously contained in AB 5
[92] Veterinarian – previously contained in AB 5
[93] Lawyer – previously contained in AB 5
[94] Architect – previously contained in AB 5
[95] Landscape architect
[96] Engineer – previously contained in AB 5
[97] Private investigator – previously contained in AB 5
[98] Accountant – previously contained in AB 5
[99] A securities broker-dealer – previously contained in AB 5
[100] Investment adviser – previously contained in AB 5
[101] Agents and representatives of securities brokers and investment advisory – previously contained in AB 5
[102] A direct sales salesperson – previously contained in AB 5
[103] A manufactured housing salesperson
[104] A commercial fisher working on an American vessel – previously contained in AB 5
[105] A newspaper distributor
[106] A newspaper carrier
[107] An individual who is engaged by an international exchange visitor program
[108] A competition judge with a specialized skill set or expertise
[109] Relationship between a motor club holding a certificate of authority – previously contained in AB 5"
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This January 2020 post on the blog is where I explain and update on AB 5
http://stuartngbooks.blogspot.com/2020/01/freelancer-law-california-ab5-in-effect.html
